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Marconi Wireless Telegraph Co. v. Simon, 246 U.S. 46 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Marconi Wireless Telegraph Co. v. Simon, 246 U.S. 46 (1918)
Marconi Wireless Telegraph Company of America v. Simon No. 168 Argued January 29, 1918 Decided March 4, 1918 246 U.S. 46
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
The Navy Department accepted respondent’s proposal to furnish certain sets of wireless telegraph appliances, the bid having been based on the Department’s specification describing the appliances desired and upon a sample submitted with the bid as the Department required. Before the contract was completed, this suit was brought to restrain him from making or delivering, upon the ground that petitioner’s patent rights would thereby be infringed. In the courts below, a decree dismissing the bill was made and affirmed upon the ground that the infringement, whether direct or contributory intrinsically, was not unlawful in view of the Act of June 25, 1910, c. 423, 36 Stat. 851.
Held, following Cramp & Sons Co. v. International Curtis Marine Turbine Co., ante,28: (1) That, if the making of the appliances would be per se an infringement, the Act of June 25, 1910, construed in that case, afforded no defense, but (2) if, as contended and not decided in the courts below, the appliances as called for were so far incomplete that their making and furnishing would at most contribute to infringement by the government in adjusting and using them for essential governmental purposes, the acts complained of would not be illegal or subject to injunction, in view of the statute as construed in the case cited and in Crozier v. Krupp, 224 U.S. 290. Held, further, (3) that, the nature of the infringement -- i.e., whether it was direct or contributory -- having been erroneously treated as irrelevant and so not decided by the courts below, the case should be remanded to the district court for consideration and determination of the rights of the parties in the light of this Court’s construction of the statute, not overlooking petitioner’s contentions that making the appliances for the government before the contract was completed, and making them for persons other than the government, would constitute direct infringements.
231 F. 1021 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Marconi Wireless Telegraph Co. v. Simon, 246 U.S. 46 (1918) in 246 U.S. 46 246 U.S. 53. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UBVLI6T39DWZG3C.
MLA: U.S. Supreme Court. "Syllabus." Marconi Wireless Telegraph Co. v. Simon, 246 U.S. 46 (1918), in 246 U.S. 46, page 246 U.S. 53. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UBVLI6T39DWZG3C.
Harvard: U.S. Supreme Court, 'Syllabus' in Marconi Wireless Telegraph Co. v. Simon, 246 U.S. 46 (1918). cited in 1918, 246 U.S. 46, pp.246 U.S. 53. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UBVLI6T39DWZG3C.
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